[Federal Register Volume 62, Number 161 (Wednesday, August 20, 1997)]
[Notices]
[Pages 44264-44266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21974]
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DEPARTMENT OF DEFENSE
Defense Logistics Agency
Privacy Act of 1974; System of Records
AGENCY: Defense Logistics Agency, DOD.
ACTION: Alter a record system.
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SUMMARY: The Defense Logistics Agency proposes to alter a system of
records notice in its inventory of record systems subject to the
Privacy Act of 1974 (5 U.S.C. 552a), as amended. The changes are
required as a result of action by the Bureau of Alcohol, Tobacco, and
Firearms amending its regulation which further clarifies those
categories of individuals who are prohibited from receiving or
possessing firearms under the Brady Handgun Violence Prevention Act
(Pub.L. 103-159). The clarification permits further identification of
those individuals who are to be included in the record system being
altered.
DATES: The alteration will be effective without further notice on
September 19, 1997, unless comments are received that would result in a
contrary determination.
ADDRESSES: Send comments to the Privacy Act Officer, Defense Logistics
Agency, ATTN: CAAV, 8725 John J. Kingman Road, Suite 2533, Fort
Belvoir, VA 22060-6221.
FOR FURTHER INFORMATION CONTACT: Ms. Susan Salus at (703) 767-6183.
SUPPLEMENTARY INFORMATION: The Defense Logistics Agency notices for
systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a),
as amended, have been published in the Federal Register and are
available from the address above.
The specific changes to the record system being altered are set
forth below followed by the notice, as altered, published in its
entirety. The changes are required as a result of action by the Bureau
of Alcohol, Tobacco, and Firearms amending its regulation which further
clarifies those categories of individuals who are prohibited from
receiving or possessing firearms under the Brady Handgun Violence
Prevention Act (Pub.L. 103-159). The clarification permits further
identification of those individuals who are to be included in the
record system being altered.
An altered system report, as required by 5 U.S.C. 552a(r) of the
Privacy Act was submitted on August 7, 1997, to the House Committee on
Government Reform and Oversight, the Senate Committee on Governmental
Affairs, and the Office of Management and Budget (OMB) pursuant to
paragraph 4c of Appendix I to OMB Circular No. A-130, `Federal Agency
Responsibilities for Maintaining Records About Individuals,' dated
February 20, 1996 (61 FR 6427).
Dated: August 14, 1997.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
S322.15 DMDC
SYSTEM NAME:
Defense Incident-Based Reporting System (DIBRS) (December 20, 1996,
61 FR 67322).
Changes:
* * * * *
CATEGORIES OF INDIVIDUALS covered by the system:
Delete last paragraph and replace with `Active duty military
(includes Coast Guard) personnel who must be reported to the Department
of Justice under the Brady Handgun Violence Prevention Act because such
personnel have been referred to trial by a general courts-martial for
an offense punishable by imprisonment for a term exceeding one year;
have left the State with the intent of avoiding either pending charges
or giving testimony in criminal proceedings; are either current users
of a controlled substance which has not been prescribed by a licensed
physician (Note: includes both current and former members who recently
have been convicted by a courts-martial, given nonjudicial punishment,
or administratively separated based on drug use or failing a drug
rehabilitation program) or using a controlled substance and losing the
power of self-control with respect to that substance; are adjudicated
by lawful authority to be a danger to themselves or others or to lack
the mental capacity to contract or manage their own affairs or are
formally committed by lawful authority to a mental hospital or like
facility (Note: includes those members found incompetent to stand trial
or found not guilty by reason of lack of mental responsibility pursuant
to Articles 50a and 72b of the Uniform Code of Military Justice); or
have been discharged from the Armed Services pursuant to either a
dishonorable discharge or a dismissal adjudged by a general courts-
martial.'
* * * * *
S322.15 DMDC
SYSTEM NAME:
Defense Incident-Based Reporting System (DIBRS).
SYSTEM LOCATION:
Primary location: W.R. Church Computer Center, Naval Postgraduate
School, Monterey, CA 93943-5000.
Back-up files maintained in a bank vault in Hermann Hall, Naval
Postgraduate School, Monterey, CA 93943-5000.
CATEGORIES OF INDIVIDUALS covered by the system:
Active duty military (includes Coast Guard) or civilian personnel
who have been apprehended or detained for criminal offenses which must
be reported to the Department of Justice pursuant to the Uniform Crime
Reporting Handbook as required by the Uniform Federal Crime Reporting
Act.
Active duty military (includes Coast Guard) personnel accused of
criminal offenses punishable under the Uniform Code of Military
Justice.
Active duty military (includes Coast Guard) personnel convicted by
civilian authorities of felony offenses as defined by State or local
law; attempting or committing suicide; or whose dependent resides in
the same household and is the victim of Sudden Infant Death Syndrome
(SIDS).
Individuals who are victims of those offenses which are either
reportable to the Department of Justice or are punishable under the
Uniform Code of Military Justice.
Active duty military (includes Coast Guard) personnel who must be
reported to the Department of Justice under the Brady Handgun Violence
Prevention Act because such personnel have been referred to trial by a
general courts-martial for an offense punishable by imprisonment for a
term exceeding one
[[Page 44265]]
year; have left the State with the intent of avoiding either pending
charges or giving testimony in criminal proceedings; are either current
users of a controlled substance which has not been prescribed by a
licensed physician (Note: includes both current and former members who
recently have been convicted by a courts-martial, given nonjudicial
punishment, or administratively separated based on drug use or failing
a drug rehabilitation program) or using a controlled substance and
losing the power of self-control with respect to that substance; are
adjudicated by lawful authority to be a danger to themselves or others
or to lack the mental capacity to contract or manage their own affairs
or are formally committed by lawful authority to a mental hospital or
like facility (Note: includes those members found incompetent to stand
trial or found not guilty by reason of lack of mental responsibility
pursuant to Articles 50a and 72b of the Uniform Code of Military
Justice); or have been discharged from the Armed Services pursuant to
either a dishonorable discharge or a dismissal adjudged by a general
courts-martial.
CATEGORIES OF RECORDS in the system:
Records compiled by law enforcement authorities (e.g., Defense
Protective Service, military and civilian police, military criminal
investigation services or commands); DoD organizations and military
commands; Legal and judicial authority (e.g., Staff Judge Advocates,
courts-martial); and Correctional institutions and facilities (e.g.,
the United States Disciplinary Barracks) consisting of personal data on
individuals, to include but not limited to, name; social security
number; date of birth; place of birth; race; ethnicity; sex;
identifying marks (tattoos, scars, etc.); height; weight; nature and
details of the incident/offense to include whether alcohol, drugs and/
or weapons were involved; driver's license information; actions taken
by military commanders (e.g., administrative and/or non-judicial
measures, to include sanctions imposed); court-martial results and
punishments imposed; confinement information, to include location of
correctional facility, gang/cult affiliation if applicable; and
release/parole/clemency eligibility dates.
Records also consist of personal information on individuals who
were victims. Such information does not include the name of the victim
or other personal identifiers (e.g., Social Security Number, date of
birth, etc.), but does include the individual's residential zip code;
age; sex; race; ethnicity; and type of injury.
AUTHORITY for maintenance of the system:
5 U.S.C. 301, Departmental Regulation; 10 U.S.C. 136, Under
Secretary of Defense for Personnel and Readiness; 18 U.S.C. 922 note,
Brady Handgun Violence Prevention Act; 28 U.S.C. 534 note, Uniform
Federal Crime Reporting Act; 42 U.S.C. 10601 et seq., Victims Rights
and Restitution Act; DoD Directive 7730.47, Defense Incident-Based
Reporting System (DIBRS); and E.O. 9397 (SSN).
PURPOSE(S):
To provide a single central facility within the Department of
Defense (DoD) which can serve as a repository of criminal and specified
other non-criminal incidents which will be used to satisfy statutory
and regulatory reporting requirements, specifically to provide crime
statistics required by the Department of Justice (DoJ) under the
Uniform Federal Crime Reporting Act; to provide personal information
required by the DoJ under the Brady Handgun Violence Prevention Act;
and statistical information required by DoD under the Victim's Rights
and Restitution Act; and to enhance DoD's capability to analyze trends
and to respond to executive, legislative, and oversight requests for
statistical crime data relating to criminal and other high-interest
incidents.
ROUTINE USES of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records or information contained
therein may be disclosed outside the Department of Defense as a routine
use pursuant to 5 U.S.C. 552a(b)(3) only as follows:
To the Department of Justice:
(1) To compile crime statistics so that such information can be
both disseminated to the general public and used to develop statistical
data for use by law enforcement agencies.
(2) To compile information on those individuals for whom receipt or
possession of a firearm would violate the law so that such information
can be included in the National Instant Criminal Background Check
System which may be used by firearm licensees (importers, manufactures
or dealers) to determine whether individuals are disqualified from
receiving or possessing a firearm.
The `Blanket Routine Uses' set forth at the beginning of the DLA
compilation of record system notices do not apply to this record
system.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Electronic storage media.
RETRIEVABILITY:
Retrieved by name, Social Security Number, incident number, or any
other data element contained in system.
SAFEGUARDS:
W.R. Church Computer Center: Tapes are stored in a locked cage in a
controlled access area; tapes can be physically accessed only by
computer center personnel and can be mounted for processing only if the
appropriate security code is provided.
Back-up location: Tapes are stored in a bank-type vault; buildings
are locked after hours and only properly cleared and authorized
personnel have access.
RETENTION AND DISPOSAL:
Disposition pending.
SYSTEM MANAGER(S) AND ADDRESS:
Deputy Director, Defense Manpower Data Center, DoD Center Monterey
Bay, 400 Gigling Road, Seaside, CA 93955-6771.
NOTIFICATION PROCEDURE:
Individuals seeking to determine whether this system of records
contains information about themselves should address written inquires
to the Privacy Act Officer, Headquarters, Defense Logistics Agency,
CAAR, 8725 John J. Kingman Road, Suite 2533, Fort Belvoir, VA 22060-
6221.
Written requests should contain the full name, Social Security
Number, date of birth, and current address and telephone number of the
individual.
RECORD ACCESS PROCEDURES:
Individuals seeking access to records about themselves contained in
this system of records should address inquiries to the Privacy Act
Officer, Headquarters, Defense Logistics Agency, CAAR, 8725 John J.
Kingman Road, Suite 2533, Fort Belvoir, VA 22060-6221.
Written requests should contain the full name, Social Security
Number, date of birth and current address and telephone number of the
individual.
CONTESTING RECORD PROCEDURES:
The DLA rules for accessing records, and for contesting contents
and appealing initial agency determinations are published in DLA
Regulation 5400.21; 32 CFR part 323; or may be obtained from the
Privacy Act Officer, Headquarters, Defense Logistics Agency, CAAV, 8725
John J. Kingman Road,
[[Page 44266]]
Suite 2533, Fort Belvoir, VA 22060-6221.
RECORD SOURCE CATEGORIES:
The military services (includes the U.S. Coast Guard) and Defense
agencies.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 97-21974 Filed 8-19-97; 8:45 am]
BILLING CODE 5000-04-F
